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September 29, 1953ItiIiI11f1~i3S Gl? P.1J ADJC!Uftlli~ll I'~1%P11IG OIL' THIS' CITY C~UIdClI~ C11~' Tlis' C1.1'Y (~I~' WPS'P I~iPI:PHIS, A~~I~SIISAS, kIAP AItU Hl,l:l) GIl ti;EPTLA.13h7R ?_9, 19.53. u The Council of tkre City of L°Test Memphis me t• in an adjourned session at the City Hall ir. said City at 7:110 F.Ii, on the 29th day of September, 1953. The mceti-r_g tads called to order by the Piayor, and the rol]. being called. there xrere: Present: Mayor GT. B. F~'ordyce presic?.ing and the followit;g Aldermen: G. I. Aollin~;er, Jokm Burrow, Freeman Fin]_ey, Cuc•tis Foster, A. Il. i•Ianchester, P. L~. Fower•s; Cite Attorney Atlee Har~-ris, and Ci.t~y Clerk GT, R, Seaton. Absen~i,: Aldexnnen James Bledsoe and C. II. rtoL~rL•on. Ct being de texnn_inec]_ a cuort:m was present, the follotring proceedings were had to-wit: Ilayar~ Fordlc~ ai;nctrnce.l tkle first cycler of burin s would be consideration cf the fol-low~u~~, Memo he had preparsd and pr•esonted to each mei„bet cl' the Counci7_ preceedirrg tl,.e Itle EE t.it]g: Ai ter rriany consui.tations and_ consiei.erati_on of fire conditions of the maritet re]_ati.ve to the sale o : bonds and the buildi.r.g of housing wzits, I deem it. advisable that you reconsider the resolution. authorizing the publishing of notice of sale of the tiy)5C, 000.00 GTater aril Sourer Bond Issue . In the estunati; ftu•nisl;eci. you by I's, a. is, Nea~;ler; the greater portion. of these bonds here to be issued for the future develepn~ent of West I~?emphis. I~Iowever, since I~?arch 17, 1~%;3, the date of ow~ entering into the coui;ract with Iir. Louis TrJ. Cherr~r and Company, many changes have cone about, and I now thi_nL•- it is time that this be reeonsidereci and a further study be made and axi acc~cirat:e survey of the actual. L^rorh inu~ediately needed for the welfare, heal.tl: and safety of the City. ]: thiril; it i.s necessary that the actual cost of the serer repairs and. e~ctensions be oracle by b9r. A. E. Heagler and submitted to the Sewer Commission for their approval before determining the i:ind of bonds, or the amount of the bonds necessary to complete these iraprcvcments. This in no tiray cancels any contracts with Louis 1^T. Cherry P: Company, and. Equitable Securities Corporation, nor with A. t~. Hea~;7_er, F'ngisxeer, but it will be necessary that we r•e-negotiate Laith these parties in order to -reduce the amount of bonds actually needed. by the City fox• irmiediate rcli_ef. lde al]_ realize the fact that we are going through the transition in our cconoray as a whole, and I do not think now is the time to proceed Yr1tk1 this large combined bond issue as I have proposed. heretofore. j S~ W, B, F'C;~DYG Mayor Fordyce further stated he recomrr:ends that; all negotations for setter bonds be handled by a Sewer Commi.tte~:. said Cor,~mi.ttee to be appointed by the Council and the action of the Goimnitttee be subject to ~tl-~e approval of the Cotu;cil.. Af ter discussion resolution was introduced in writing aril raad iri full b3- A]..derman Bollinger, who moved its adoption, the motion was seconded by Alderman Fotrers, and upon vote, fire Aldermen voted: Aye: Bollinger, Btu•roia, Finley, Poster, ianchestei•, and Powers. Iday: Ilone . The resolution to tahich no amendments liras offered read as fcl7_o~as: RESOL•UTIOT3 GJIiEttEAS, An Adjourned Tiee~ting of the Ci-ty Counci]_ of the City of West I^1en;phis, Arkansas, was held on Scpt,err~oer 2, 1953, and arrcng the proceedings had the fo7.7_owing resolution was adopted to-trit: °I°iayor Fordyce informed the Council that IIr•. Cherry cf the Leafs ?d. Cherry Company of Little Frock, 9rl:ansas, and I~~. Henderson, Vice rresident of Equi.tab].e Securities Corpox•aticn urere present, to discuss matters pertaining to the proposed bond issue. Iiayor Fordyce brought; to the Council's attentan that during the discussions cn issuing bonds at the August 18th meeting oi' the Council i_t had been decided to trithdraw the 5200,000.00 water bonds from the proposed .;950.000.00 issue. fir. Henderson advisee the Council of. the advantages in issuing the combined ~'~200,000.00 water aril i,y750,000.00 sewer bonds in one issue due to the interest rate; also the issue would be an open-cool i-ssue in order that additional bonds may be issued on the same security as the proposed issue. The necessit;l of pledging revenue from the Light and Water Department in the case of a deficiency in the Setter Depart- ment, in order to provide for payment of bonds each year was eapiained to the Council.. I~fr. Cherry stated. to the Council. it crould be advisable to have the bonds callable out of any funds after 10 ;,~eru s and redeemable out of srsplus funds cn any interest paying date. After a lengthy discussion and consideration, motion tads made by Alderr~an Bollinger and seconded by Alderman Powers: That Leiais t~T, Cherry* Company and s'quitabl.e Secux•:i ties be autho~•i_zed to publish. notice of sa7_e and have Attorney ?dal7.ace Townsend prepare bond ordinances necessary to issue the Water-ewer Revenue Bonds in the amount of tis950,000.00. Upon vote, the A1dErman voted: Aye: Bledsoe, Bollinger, Bw~roi-r, Finley, Foster, Tlanchester, ?ewers, and Zowton. Play: Hone . " c~ NC~W, THEftE:FOItE, BE IT 1tLSOI,VED BY THIS CITY COUNCIL OF' THE CI'.[`Y OF WEST I~l[;~^FH_l:S, ARI:APISSS, That due to econnmi_c ccndi_tions and the magnitude of the 6^Tater-Setrer Revenue Bond Issue that-. the ser~rer improvements and repa:iss should be r•eferreci to a Seroer Com^~iss.on for a canprehensi.ve stuc?,y and decision, and that said resolution be rescinded, anal the I1a3-or is hereby authorized to notifyTswis W. Chex•ry Company and Equitable Securities Corporation o£ the action o£ the Council arc? that i~iotice of Sale not be published. Attorney John A. Fogleman. appeared in behalf' of I~ir. Abbott Wic?dicombe presented. a resolution for t•he ca.l.li_ng of an e_leci,ion for d.etaclmrent of property from the City I,imi.ts for establishing a tanh_ Farm. Upon consider- ation of the matter it was brought to t.lte Council_1s attention that i.f the area is detached there mould be a small area remaini.xrg in the City Limits that t•roul.d not be accessi_bl_e to provide utilities by the City, The Counci.l_ rras informed. that the x•equest for dei:•ackunent was made only far 71.7 acres said acreage being the area covered by the e~i_on for the tank farm. It being tkre consensus o£ the members of the Council. thaw- tyre additional area should be included in the detaclmient proceedings, the resolution presented was amended. t:o include the additional area. There- upon motion was made by Alderman Bollinger curd seconded by Alderman Fowers: That the resolution be a.d.opted and Piovember 3, 1953, be the date designated for the election on the question. Upon vote, the Aldermen voted: Aye: Bollinger, Btv2ow. Finley. Foster, Manchester. and Fowers. Pda~-: None. The resolution adopted read as follows: R~' S O L U T I O N Wkrereas, the f.oll.orrirr€' descri_oed territory lies within the cerpcrate limits of the Ci_t~r of. West 14emphi.s, Crit{;ender County; Arkansas, to-grit,: Begi_ruring at the pcint of intersection of tkre South right-of-r~ray line of the I^Zissnuri Pacific Railroad with the West line of i_ghtkr Street; thence South al.on,g the ldest line of Eighth ~~treet to the point of.' interesection of the 4Test line of Eighth Street tr:i_th the North line of l'Tashi.ngton Avenue; thence 4dest a]_ong the North Line of Washington Avenue to the point of intersection of the Plorth 1_ine of Washington Avenue with the Plorth and South center line of Sectionly, Township SiY (6) North, Range Nine (9) }±;ast; thence South on a line perpendi- cul.ar• to the Dtorth 1_ine of Washington Avenue to the center line of the St. F'ranci.s Levee District levee; thence Soutkrtresterly along the center line of said levee to the inl;ersection of said center line trit.h the West line of the East Half (E~r) of the West Ha1I' (GT') of Section 19, Tormshi.p Si:, (~,) North, Range Nine (9) East; thence North along the West line of the cast Half (E~,) of the ldest IIalf (W~;) of Section 19, Tormship Si•l (5) Ilorth. Range Mine (S) East to the south right of way line of the 1•ii_ssouri_ Faci.:fic Railroad; thence East along the South 7.ine of the I~Iissotu•i. Pacific Railroad right of way to the point of begi.nninf~, containing 89.^y acres, more or less. WHER]~;AS, the oraners of the property above described have granted an option to one Robert Thomas .for the lease and%or pux•chase of the above clescri.bed property, rahi.ch is proposed to be used as apart aI' a proposed industri.a]. site, and WILF'Ii}~;AS, it appears desirable that the territory hereinabove described be detached from the city, tkrrorm outside the city _limii.s and. remitted back to sa_i.rl_ cottnt;r, IdOW, TIL~^'I~:FOL~I', B; II' Yt,gnT;~l_;;r), By the City Council of the City of 6dest 1'ier•rphis. Arkansas, that the question of the letachmen.t. of the territory above described. from the city limits of the City of [•Tes~t t!cnpkri.s, ~~rrd from said City, be put to the qu.a]_i.~'ied voters of the City of West Memphis, at vi election to be held. i.n said. Cit;a on ti•_e arc? day of kiovenabe:r, 1.; r3, as provided by 1_a.i•r, BE IT Fi?Ii1'fl~it i;_^„>C~L~`~'~??), that tl:e City C7_eri- give notice of said election for fbux• :•reels as px°escri_oed by l.ara and transmit a copy of this resolution to the County Board of ~'lection Coronissi.oners of Crittenden Count;;r, Arkansas, arr~1 that the City officials take a11. steps necessary to the holding o£ said election. acrd the p_lacing• of said question on the ballot for said election. BE I`l' FUR'I'IIER R~SOLVEll, That, -iS the vote on said question is in favor of sa-i_d detachment; of said. texs• tory, the I1ayor and City sltt;orne,y ax•e dix•ected to tape all steps necessary to accompl=i h such d.et;aclunent and. f.'i_]A and present: all_ necessary petitions for the ac c.omplisl,ment: thereof. t.~ Bond for Avondale Gardens itt amount of Sr;3r1, 000.0~~ for streets in Subdivision filed, and approved by the City Al;torne;~ , i~Ia,~ror F'ord.yce informed the Coaznci7. that the .fo7_]orr-i_ng• lettex• ha.d been received..: tiTrl. L., JCI~IdSOPT ~F. CCU„ _TI}(;. ~9est Iien~pYsis, Ariansae c>ept,ember• 10, 7;53 Honorable Wi71-am B. Fordyce, I~iaycr City o.(' West Pler?pi~ai_s I~esi; T.Iemphi s, Ar•k. Dear Sir•: Flea e accent th_i_s 7_ett,er as a formal request to withdra~rr and cannel the application with the Lde t I"er•phis planning ~nmmis~i.nn an I City Council. t,o subdivide :Pot minori.t~a horsing, the area previ.ous7_y submitted, south o±' Je~'fer:;or? AvemrF 6dnst of the Frisco ~~ut-off and north of the a;.ock Is7:1nd ra:i.lway. A.n a.l~t;ernative site has been selected east oP P:endal Tion~es anti ,trill besu6nr_tted subsequently to the city authorities. Thanking Srou for zrour cooperation, tre are Si.ncere7v yours, tVIT•?T_~I' ?, <70IIDIi0I1 2c C'?„ Tpr;. ny , S;' ABHi!TT i~T.IDDICC'I~IBs -~- --I'res:i.d.ent ~-~ We concrx in this and r°equ.est, that. tlae aP;pl.icai;inn be tiria,hdraz~rn in favor of anew submission o.f the n~u[.a site, GU_ARAIi Pr: L[~r,i~ fldD ~ l~: }~S'IA.C!? COI11`lJ'I~ PY: ~S/ IZ Bi;:'ZT R. H'ALLI::i ---_,. Plotice of pvbli c hearir~F; nn October ~_~tYr Irav t.ng been prioli shed. pr~l.or to receiv9_ng the above mentioned letter. action on the matter t•.ras oonisi.rrued until October Gt~h. Attorney J. H. Spe:^rs in behalf' of Wenrlal_ IIor~es requested a. special hearing by the i':Lartning Conun~.ssion on new p:hat filed on t^Jendal. Ilo~nes Subdi~.ision being subdivision ,. the S6J~ S'vd? IC°T' and IIr;~ III' ;;It:~, of Sec. 1'7, T ..-I~?. °-Is' City of [hest I'emphis, Arkansas. Attorney Spears was advised the plat had been filed r-Tith the ~iecretaz•~r of the Planning Com!nission on September 2gth, and that members oS the Planru-n~;• Commission had_ complained. they r•rcre not given sufficient t~_me to study plats, etc: ho~a~ove.r, the re~nrest would. be taken un-ler cons9_der•ati_on. P'Iayor I'erdyce announced the meeting, aNas open for }rearing on c7.asia~g, of a.n tu~sramed street in Thompson 2nd Additicn, Iloti_ce of Llearin~; on this da;e having been puhli.shed on September ltth and 17_t.h. Pdo one appear ing• to ob,iect, ail ordinance vacating sai-d unnamed street t-ras introduced. i_n t,n•iting and. read in full Li;y~ n_7_dermart E'otrers, who moved. the first read9_ng be approved, {;he motion eras seconded by P.7_der~r_an roster. and upon vote, the Aldermen voted: 1?ye: Bolline;er., Buxrow, Finley, Foster, a''Ianchest.er, ~'or-tors. IIa~J : Ilone . 1Ir. A. F. Dacus appeased before the Ceunoil tc inform the Council of transactions on acquiring the property otrnec: bz I~ss. Eda Berm-. 2is. Lac us stated that he. had persis- t.ently recnnunended to the I,~ghi: & (dater ('oaunissi-on that tYte property be acquired by the City for a reservoir due to it. beinU =,d.iacent to the t~r2.~tor tsmk in. dor~thington Farl~~ as the City dial not desire to use add;_tional land. i.n the nark. for a reservni:r•. t1'lso, that negotations for the propert}~ had been in prol„7°e..; Sot sore tlr~e~, arid. he had been con.fid-- e n _7_alay advi_sod i,hat another. party Maas irrt;eres~c~n acquir_i_nt; the property, acrd in ord°r to foresta7_l arr~,ene e I_se o}?t-u.nirur the. prnpe~•ty that tro~_t1d. prohib:i.t the City frnr! negot.iati_ng further, that he had. purchased the propert~~ and. would be will-Sn~^i to nn~;otia.te wii;h the City for an acre that r~rould be needed for a r:•esex~voix•. i?o iu.rt,her bus3_ness ax~peari.nEr before fire Council, ,,ci:ion r;aa ride bl;~ i 1~rnan F'-i_n7e;y any!. ser.oru'ed b;r A11er ,r,n rowe? s to ad,iou.rn. A'.CTE;~>'C ---t.~------~- ------ - -